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The parties to a commercial agreement may find that they have assumed contractual obligations that are more onerous than they might appear. The High Court decision in Ryanair Ltd v SR Technics Ireland Ltd illustrates the perils of taking a contract...

A non-recourse agreement between a landlord and an incoming tenant did not affect the liability of a previous tenant under an authorised guarantee agreement. The Contracts (Rights of Third Parties) Act 1999 (the 1999 Act) applies to contractual ter...

The VAT tribunal has decided that the sale of a 'future property rental business' qualified as a transfer of a going concern. If the sale of a property rental business satisfies the conditions that apply to sales of businesses as going concerns, th...

The 'option to tax', or 'election to waive exemption' is a facility that allows property owners to charge VAT on sales and lettings, rather than exempting them. This means that they can recover VAT they incur on construction and other costs. Various...

A landlord had acted reasonably in refusing consent to an assignment to a newly incorporated company, despite the landlord having the benefit of the previous tenant's covenant. Royal Bank of Scotland plc v Victoria Street (No 3) Ltd concerned a cov...

The Carbon Reduction Commitment (CRC), a cap and trade scheme that aims to reduce the UK's carbon dioxide emissions, is due to come into force in only twelve months' time. On 12 March 2009, the Department of Energy and Climate Change (DECC) publish...

A simple drafting error in a lease invalidates a contracting–out order. In Newham LBC v Thomas–Van Staden, which has been fully reported only recently, the Court of Appeal has presented us with a curious decision on the effect of a draf...

Helpful analysis of when landlords of mixed–use properties need to consult their tenants before incurring service charge costs. The Landlord and Tenant Act 1985 requires landlords who own residential blocks of flats to consult their tenants b...

How important is public procurement to the public sector? Many contracting bodies incur more expenditure each year on externally provided works, services and supplies than they do on their own workforce, but focus typicall...

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The Chancellor’s Autumn Statement contained the following stamp duty land tax announcement regarding the tax-free ...

As many of us know all too well, the coronavirus pandemic has forced companies and their personnel to shift their operations to a remote, work-from-home (or WFH) environment. This change has had a profound effect on outsourcing providers and their c...

Following the publication by the European Commission of the conclusions on best available techniques (BAT) in the waste sector on 17th August 2018, the operators are required to submit a reconsideration file (“dossier de réexamen”...

Welcome to the first edition of the Eversheds Sutherland (South Africa) Environmental Newsletter South Africa’s Environmental Laws are extremely complex, despite the implementation of the “one environmental system”, and compliance ...

South Africa has recently developed a culture of private prosecution. The trend towards private prosecution has largely been focused on the prosecution of individuals for corruption. The significant challenges faced by the private prosecutors (prima...

Introduction On 5 July 2019, the Minister of Environment, Forestry and Fisheries, Barbara Dallas Creecy, published a notice requiring that when submitting an application for environmental authorisation in terms of regulation 19 and regulation 21 of ...

Yesterday the government has announced new legislation which will permit the sentencing remarks of High Court and senior judges in certain criminal cases to be filmed and broadcast to the public. This will include judges passing sentence on high pro...

After failing to complete its passage through Parliament at the end of 2019, the Environment Bill (“the Bill”) was back in Parliament on 30 January 2020. Amid widespread concern that the UK will not uphold existing standards of environme...

There have been many examples of high profile health and safety incidents in recent years, including major rail disasters, the serious incident at Alton Towers and of course the tragedy at Grenfell Tower. These have rightly received high profile, wi...

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  HEALTH & SAFETY So what now? Where low occupancy poses water-borne risks Most organisations during this pandemic have rightly focused on the health and safety of employees and the general public in tackling the spread of the virus. Whilst...

A document seen by SaharaReporters has exposed how serving and retired Nigerian judges are illegally preparing ways for their children and relatives to take over the country’s judicial system in future.

According to the document put together by Open Bar Initiative, out of the 33 names recently recommended to President Muhammadu Buhari by the National Judiciary Council for appointment as judges in the Federal Capital Territory High Court, only 11 met the criteria set out in the employment guideline of the council.

The NJC had on April 26, 2020 approved the appointment of 33 judges for the FCT High Court.

SaharaReporters gathered that 22 out of the 33 candidates presented to President Buhari made the list only because they were related to serving senior members of the judiciary or close aides and members of the NJC. 

Also, states that already have judges in the FCT High Court were reconsidered and given slots while no one was considered qualified for appointment in Ebonyi, a state that has no existing judge.

Section 255 of the constitution of the Federal Republic of Nigeria, 1999 (as amended), pegged qualification for becoming a judge in the High Court of the FCT to a minimum of 10 years qualification as a legal practitioner. 

Also Rule 4 of the NJC appointment of judges’ procedure, indicated only four classes of lawyers, who are qualified to apply and be recommended to be appointed as judges of a high court.

These are legal practitioners in private practice, legal practitioners in public service, who are legal officers, chief registrar of a court, and chief magistrates.

Those listed in the document seen by SaharaReporters among the 33 nominees to be considered as judges by President Buhari but, who are not qualified include Njideka K. Nwosu-Iheme, a Grade 1 Magistrate, who is the daughter of Justice Mary Odili of the Supreme Court and daughter-in-law to Justice Nwosu-Iheme of the Court of Appeal, Agashieze Cyprian Odinaka, a Deputy Director at FCTA whose sister is the Presiding Justice, Court of Appeal in Akure, Ondo State, Fatima Abubakar Aliyu, a judiciary worker, who is the daughter of immediate-past President of the Court of Appeal, Justice Bulkachuwa, Kanyip Rosemary Indinya, a senior magistrate at FCT and wife of the President of the National Industrial Court and sister of a member of the National Judicial Council.

Others are Mimi Anne Katsina Alu-Apena, a senior magistrate and daughter of late Kastina Alu, former Chief Justice of Nigeria, Enenche Eleojo, Assistant Director at FCT High Court and Personal Assistant to the Chief Judge, FCT High Court, Madugu Mohammed Alhaji, Josephine Obanor Enobie, Kayode Agunloye, Nwabulu Ngozika Chineze and Abubakar Babashani, who are senior staff of the FCT High Court but have not attained the rank of chief registrar as stipulated by the constitution.

The list also includes one one Aliyu Halilu Ahmed, a Deputy Chief Registrar from Adamawa State judiciary, who has not attained the rank of a chief registrar.

The rest are Aminu Muhammad Abdullahi, Nwecheonwu Chinyere Elewe, Ibrahim Mohammed, Sadia Mu’azu Mayana, Aliyu Yunusa Shafa, Mohammed Zubairu, Binta Dogonyaro, Christopher Opeyemi Oba and Hafsat Lawan Abba-Aliyu, all magistrates from the FCT judiciary, who are not up to the rank of a chief magistrate as stipulated in Rule 4 of the NJC appointment of judges procedure.

SaharaReporters also gathered that one Olufola Olufolashade Oshin did not participate in the processes leading up to selection, interview or obtaining recommendation from a Chief Judge of a state but her name was inserted into the final list transmitted to President Buhari at the instigation of some senior judicial officers believed to be top members of the Supreme Court.

Reacting to the development, Open Bar Initiative said, “The suggestion that judicial service in Nigeria is an inheritance transmitted from parents to children is not supported by the constitution or any other instrument under Nigerian law. 

“This is an abuse of the constitution by those who must nominate judges for appointment.”

Co-convener of Open Bar Initiative and former Chairman of the National Human Rights Commission in Nigeria, Prof Chidi Odinkalu, while reacting to the situation, said, “These are not just unqualified nominees, they are bad nominees because only bad people will want to become judges through smuggling. They will make bad judges, we should resist them and their sponsors.”

Voicing his displeasure on Twitter, a user with the handle @AbdulMahmud01, said, “Have you seen the list of newly appointed FCT judges approved by NJC? It is a parade of children of former CJN, retired Supreme Court justices and judges. NJC is simply put: a corrupt council of corrupt interests.”

Another user, @KennyAdazie, while sharing her thoughts on the issue, said, “The only people that can take back Nigeria are the youth. 

“If we don’t come out to stop this madness, the charade will continue. When they strategically place their own, they pave way for #impunities and come 2023, there is nothing you can do! The reason our legal system is in ruins.”

The Rivers State Government has asked it's Attorney-General and Commissioner for Justice to auction all vehicles that were impounded for violating the state’s lockdown directive.

Paulinus Nsirim, the state's Commissioner for Information and Communications, in a statement on Thursday, said interested Nigerians should check selected Nigerian newspapers in order to place their bids.

The statement reads, “Government will deal decisively with the residents of these areas if they are found to default again. 

“Anyone parading exemption letters except the one issued by the governor is doing so at his or her own risk as such permits are invalid.

“The Attorney-General and Commissioner for Justice has been directed to auction all vehicles that violated the lockdown order.

“Members of the public who are interested to buy the auctioned vehicles are to watch out for details in The Sun, The Nation and Vanguard Newspapers.”

Eversheds Sutherland has announced 38 partner promotions across its global network. A total of 16 of these promotions are female which is in line with its goal to achieve 30% female representation at partner level by 2021.  In Asia, we are plea...

Eversheds Sutherland announces that it has made 38 partner promotions across its International and Europe network. A total of 16 of these promotions are female which is in line with its goal to achieve 30% female representation at partner level by 2...

Eversheds Sutherland has advised the CEO and owner of saracus group on the sale of the group to an investment fund managed by private equity investor Maxburg Capital Partners. The parties agreed to keep the purchase price confidential. The client w...

The stay on debt collection proceedings will end on 22 April 2020. The Federal government adopted emergency law on 16 April 2020, in order to prevent coronavirus-related bankruptcies and the resulting job losses. The “COVID-19 Insolvency Ordin...

Reconsidered employment related Government measures The Government modified the previously introduced wage subsidies: wage subsidies for researcher and developer employees and short-time allowance can be applied for on more favourable terms, the app...

Our Privacy and Cybersecurity team are proud to present the latest edition of Updata. Our international quarterly update provides you with a compilation of privacy and cybersecurity, regulatory and legal updates from our contributors around the worl...

The Government introduced tax reliefs and extended deadlines The Government decided on the tax reliefs previously announced, postponing the deadlines in connection with the annual report to 30 September. The payment of health services contribution b...

A number of measures have been introduced in Ireland in recent weeks in light of the impact of the Covid-19 pandemic. Irish Revenue has also published a number of welcome guidelines and confirmations in an attempt to mitigate any detrimental effects...

Eversheds Sutherland advised Optimas OE Solutions on the sale of part of its French business relating to certain industrial customers to Accursia Capital GmbH. This transaction took place in the context of the sale of other distinct parts of the Opt...

The pandemic has significantly hindered conducting stationary sale of goods and services. Many companies decide to change their business models and transfer their activities to the Internet, establishing new e-shops or developing the current ones. I...

Eversheds Sutherland El Heni is the only law firm in Tunisia that has been nominated top tier in all  practice areas Foreign Firm, Banking & Finance, Commercial/Corporate/M&A by international independent law firm directory, The Legal 50...

Chambers & Partners, an independent editorial and research team recently published the latest editions of Chambers Global and Chambers Europe legal guides. We are proud to announce that Eversheds Sutherland Ots & Co has again been highly...

The Law Firm Eversheds Saladžius is sharing the updated Covid-19 (Coronavirus) Legal news, which you can find here

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